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Resource Management Act

Information for the public and business

Information for practitioners

Improving and implementing the RMA

Administration of the RMA

Hearing Procedures

Updated 11 May 2009

Introduction

1. This document describes how the Board of Inquiry (the Board) will conduct the hearing into submissions on the proposed National Policy Statement (NPS) for Freshwater Management.

Information

2. When used in this document, these words are intended to have the meanings given:
   • Submission – a submission to the Board on the proposed National Policy Statement for Freshwater Management
   • Submitter – a person who made a submission.
   • Evidence – statements made at the hearing by a witness that tend to prove facts in issue, or facts from which facts in issue may be inferred, including opinions by expert witnesses.
   • Witness – a person who gives evidence to the Board.
   • Representations – statements made to the Board at the hearing by or on behalf of a submitter stating what decision he or she wants the Board to make, and why.

Objectives and principles

3. The objectives of the hearing are:
   • To provide an effective and efficient opportunity for the Board to consider and examine the reliability of information relevant to the proposed NPS.
   • To provide a fair and orderly opportunity for all who made submissions and/or further submissions on the proposed NPS and stated that they wished to be heard to put their points of view before the Board and provide relevant information for its consideration.
4. To achieve these objectives, the following principles should guide the procedures adopted:
   • The procedures should be sufficiently formal to be fair to all submitters and to allow the orderly presentation and testing of information, but not so as to inhibit lay people from taking part effectively.
   • The procedures should be robust, and should inspire the confidence of the submitters.
   • The procedures should be cost-effective in the demands on the time and costs of all taking part.
   • The Board may hold hearings at different locations to suit submitters as much as practicable.

Managing who appears, order of appearances, and scheduling

5. The hearing is expected to commence the week starting 29 June 2009. The Board may choose to request evidence be presented by Government officials involved in evaluating the proposed NPS under Section 32 of the Resource Management Act 1991 and for this evidence to be heard first. It will then hear submitters that stated they wish to be heard.
6. Every person who made a submission provided to the Board, and who stated that they wanted to be heard, will be advised of the time and place of the hearing, and of the procedures to be adopted; and will be asked to confirm their wish to be heard and identify any witnesses they wish to call. (Appendix 1)
7. From those responses, the Board will prepare an order of appearances and a provisional programme of the time periods in which submitters are likely to be heard.  This will be provided in advance to the submitters who wish to be heard, and will be published on the Board webpage.  Because of uncertainty about the length of presentations and questioning, it may not be practicable to allot in advance a specific time for the presentation by each submitter. The Chairperson will, at the outset, and at appropriate stages throughout the hearing, direct the order and timing of presentations.

Procedure at the hearing

8. Submitters are not obliged to attend the hearing.  Their submissions will still be read and considered by the Board.   Submitters can provide more detail of their submission (but not new topics) in writing before the start of the hearing.
9. Every submitter who wants to speak on their submission without calling expert evidence may do so without having to pre-circulate the submission again. 
10. Any submitter who wishes to give or call expert evidence is to lodge statements of evidence with the Board no later than four weeks prior to the first hearing commencing, according to the pre-hearing timetable (Appendix 1). 
11. Five copies of full statements of evidence are to be provided to the Board, each statement being signed by the witness who is to give that evidence.  The required format of the hard copy evidence is as follows:
    1. Any piece of evidence that is substantial (over 10 pages) should be indexed
    2. Appendices and attachments should be tabbed and paginated
    3. Large maps should be in appendices, and folded down – not reduced
    4. Paragraphs and pages numbered
    5. Evidence in clearly labelled folders
    6. Documents in folders not to be stapled (can be clipped)
    7. Dividers between evidence etc
12. Anyone who wishes to give or call rebuttal evidence in response to expert evidence is to lodge such rebuttal evidence with the Board no later than two weeks prior to the first hearing commencing, according to the pre-hearing timetable.
13. Five copies of full statements of any rebuttal evidence are to be provided to the Board, each statement being signed by the witness who is to give that rebuttal evidence.  The required format of the hard copy rebuttal evidence is the same as for evidence (see paragraph 11).
14. Any expert evidence, including rebuttal evidence, provided to the Board will be published on the Board’s webpage and all submitters who have indicated that they wish to be heard will be notified that the evidence is available for viewing.  Copies will also be available at the hearing.
15. Submitters may choose whether or not evidence of any witnesses they call will be read aloud or summarised, and indicate this when they confirm they wish to be heard to ensure the Board is informed what pre-reading of evidence is required.
16. Prior to the hearing commencing, the Board will have read each submission, any evidence and any rebuttal evidence submitted.  Therefore, a submitter and any experts should take their submission, evidence and rebuttal evidence as having been read and should summarise the key points in their submission or evidence.  A submitter who is being heard may summarise the main points of the submission, and of their evidence.  More extensive written representations may be handed in (note: this refers to representations only – evidence must all be pre-provided – see paragraphs 2 and 10).
17. All submitters are expected to be focused and succinct in their presentations to the Board, and should avoid repetition.  It is expected that, except by prior permission, the submissions and evidence of a submitter would not take more than thirty minutes.
18. Submitters may make their own representations themselves, or they may choose to be represented by a lawyer or other agent.
19. A submitter who considers that some of the content of their submission or evidence should not be made public for any reason stated in section 42(1) of the Resource Management Act may, not less than 10 working days prior to the start of the hearing, apply to the Board for an order under section 42. Any application for an order under that section should be made in writing, should identify the particular representations or evidence to which the application relates, and should explain why it should not be made public.
20. The Board’s pages on the Ministry for the Environment’s website will be used to make information available to submitters and the public.  Any submitter who cannot access the website is invited to ask the Board’s Executive Officer for a convenient place where documents can be inspected, and copies made. 
21. A computer compatible projector and whiteboard will be available to submitters and witnesses at the hearing. Any party wishing to use visual aids must contact the Board’s Executive Officer prior to their representation.
22. Joint presentations (where one person makes a presentation on behalf of several submitters) are allowed, and are encouraged where the submissions are of a similar nature. 

 Leave to waive procedural requirement

23. If any party wishes to depart from any time limit or other requirement, they should make a written request to the Board no later than five days prior to the commencement of the hearing (29 June 2009) to waive compliance with that requirement.  A request to waive compliance should contain a full explanation of why the party did not, or will not, comply. 

Te Reo and Tikanga Māori

24. Any person who has made a submission stating that he or she wishes to be heard may if they choose make the representations at the hearing, and any witness may give evidence at the hearing, in Te Reo Maori.  At least 5 working days prior notice of intention to use Te Reo Maori is to be given to the Executive Officer, so that attendance of an interpreter can be arranged.  However, any karakia, pōwhiri, or mihi will not be translated into the English language unless the presenter wishes and has given such prior notice.

Role of Ministry for the Environment Staff / Role of Hearings Manager

25. The Executive Officer and the Hearings Manager will make the necessary arrangements for the hearing on behalf of the Board.  The Hearings Manager will attend the hearing to assist the Board in the administration and conduct of the hearing. 
26. The Board may seek technical or other advice, and may require reports or information to be provided to it. The Ministry for the Environment’s representative will arrange for preparation of those reports.  They may be prepared by the Ministry, or by consultants engaged by the Ministry, or obtained from other persons or agencies. Any report or advice considered by the Board will be published on the Board’s webpage.

Media participation

27. The hearing will be in public (except to the extent that any order under section 42 applies), and representatives of the media are free to attend and report the proceedings  However, cameras, video-recorders and audio recorders may only be used in the hearing with the Board’s prior consent.
28. Media kits (with information on the process, lists of submitters) will be available to the media. Ministry for the Environment staff will be available to provide information about board processes to the media.

Information

29. The following information will be available for inspection on the Board’s webpage http://www.mfe.govt.nz/rma/central/nps/consultation/index.html
    • The proposed NPS and Section 32 evaluation.
    • Any reports the Board has commissioned.
    • All submissions and further submissions on the proposal.
    • All expert evidence and rebuttal evidence lodged with the Board.

Written record

30. The Board will have the proceedings at the hearing recorded, and the recording transcribed. The transcripts will also be available, within a few days following the hearing, to submitters and the public on the Board’s webpage.  The record of the proceedings will also include a summary record of proceedings including a list of the submitters who are heard, and witnesses they call, and a list of all documents submitted to the hearing.

Appendix 1: Pre-hearing timetable